Companies fighting over conditions for further talks, expressing animosity

Contrary to a recent report in the Korea Times, court documents filed on Monday by both Apple and Samsung show that the two companies are still far apart on the issue of settlement. The update on progress, required by Judge Luch Koh, presents two separate statements from the two parties, with each accusing the other of having no interest in genuine negotiations.

Citing its three US court victories against Samsung, attorneys for Apple say that they are willing to discuss patent licensing and related matters, but only on the condition that Samsung agree not to use Apple's participation in Alternative Dispute Resolution (ADR) as a legal weapon in any future royalty or injunction proceedings. According to Apple, Samsung's refusal to agree to that condition "makes clear that Samsung has no interest in entering into a meaningful ADR procedure, or ceasing use of Apple's intellectual property."

"Absent such assurance, it would be impossible for Apple to participate in ADR," the company informed the court. "However, upon the receipt of assurances that Samsung will not use, in any of the worldwide litigations, Apple's participation in ADR to resist an injunction or reduce a royalty, and that Samsung is genuinely interested in reaching a resolution of these issues, Apple will engage in further ADR proceedings to resolve the present lawsuits and avoid future litigation."

The iPhone maker also cited a list of offensive statements made by Samsung lead attorney John Quinn in a series of interviews -- in which he referred to Apple as "jihadist," bragged that the company "will never see a penny" and that the trials are "Apple's Vietnam" among other pronouncements -- as evidence that "Samsung has no interest in stopping its use of Apple's patents, or compensating Apple for past infringement." The company said it "remains concerned that despite protestations to the contrary, Samsung has adopted a business model that prohibits early or even timely resolution of any dispute involving intellectual property infringement."

Samsung's response statement naturally took great umbrage to Apple's position, arguing that it has repeatedly expressed willingness to engage in settlement talks without conditions. "If Apple were truly interested in global resolution of all cases between the parties," the Galaxy maker said, "this condition precedent to ADR would be a non-issue."

Samsung lawyers dismissed Quinn's inflammatory comments as having "little, if anything" to do with the company's intention to settle. The company complained repeatedly in its filing that Apple insists on bringing up its multiple court victories that Samsung has copied Apple technology ahead of any discussion of negotiations. It says that only Apple is attempting to set conditions to further negotiations.

In response, Apple reminded the court that "Apple met with Samsung multiple times before being forced to file the present lawsuits" and that the company has had "countless discussions with Samsung outside formal mediation." The company says it has "always been committed to a resolution with Samsung, preferably without the need for litigation, that recognizes and protects Apple's intellectual property," but that Quinn's statements and other correspondence from Samsung "hardly presages a fruitful return to mediation," citing Quinn's statement that "it's kind of hard to talk settlement with a jihadist."

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Further proof that Samsung knows, at worst, they will be told again & again that they have broken patent laws. But nothing substantial will be done to the company or its products that will prevent Samsung from continuing to sell the products that break these patents. It's pennies on the dollar for Samsung in what it pays lawyers vs what it makes in sales....why stop?!

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